Wauwatosa Zoning & Land Use Guide
Key Zoning Facts
Wauwatosa Zoning Overview
Wauwatosa is a city in Wisconsin with approximately 48,387 residents, located in Milwaukee County. The city manages land use and development through its local zoning ordinance, which divides the municipality into districts regulating permitted uses, building heights, lot sizes, setbacks, and density.
Wisconsin has a statewide building code framework. Residential construction is governed by the Uniform Dwelling Code (SPS 320-325), and commercial construction follows the Commercial Building Code (SPS 361-366). Local jurisdictions enforce these codes and may adopt additional requirements.
Primary Zoning Districts
Wauwatosa's zoning code includes several district classifications (RS-1, RS-2, RD-1, RM-1, B-1, M-1). The RS-1 (Single-Family Residential) district requires a minimum lot size of 7,200 sq ft with setbacks of 25 ft (front), 6 ft (side), and 25 ft (rear). Maximum height is 35 ft. The RS-2 (Single-Family Residential (Small Lot)) district requires a minimum lot size of 5,000 sq ft with setbacks of 20 ft (front), 5 ft (side), and 20 ft (rear). Maximum height is 35 ft. The RD-1 (Two-Family Residential) district requires a minimum lot size of 6,000 sq ft with setbacks of 20 ft (front), 6 ft (side), and 20 ft (rear). Maximum height is 35 ft. The RM-1 (Multi-Family Residential) district has varying lot size requirements with setbacks of 20 ft (front), 5 ft (side), and 15 ft (rear). Maximum height is 45 ft. The B-1 (Business) district has varying lot size requirements with setbacks of 10 ft (front), 0-10 ft (side), and 10 ft (rear). Maximum height is 45 ft. The M-1 (Industrial) district has varying lot size requirements with setbacks of 25 ft (front), 10 ft (side), and 20 ft (rear). Maximum height is 50 ft.
ADU (Accessory Dwelling Unit) Rules
Wauwatosa does not have specific ADU provisions confirmed. Contact the Community Development Department for current regulations. Wisconsin does not have a statewide ADU mandate.
Development Process
Development in Wauwatosa generally requires obtaining the appropriate permits from the city's planning and building departments. The process typically involves:
- Zoning Verification — Confirm that your proposed use is permitted in the applicable zoning district
- Site Plan Review — For commercial and multi-family projects, submit a site plan for review
- Building Permit — Apply for a building permit with construction documents
- Inspections — Schedule required inspections during construction
- Certificate of Occupancy — Obtain final approval before occupying the structure
For projects that do not conform to existing zoning, property owners may need to seek a variance, special exception, or rezoning through the local board of zoning appeals or planning commission.
Key Considerations
Before starting any development project in Wauwatosa, property owners should:
- Verify the zoning classification of their property
- Review setback, height, and lot coverage requirements for their specific district
- Check for any overlay districts or special regulations
- Determine if the property is in a flood zone using FEMA's flood map service
- Confirm whether HOA covenants or deed restrictions apply
- Contact the Planning Department at (414) 479-8936 for pre-application guidance
Disclaimer: This guide provides general information about zoning in Wauwatosa and should not be relied upon as legal advice. Zoning codes are subject to change. Always verify current regulations with the City of Wauwatosa or the municipal code before making development decisions.
Regulatory Layers That Apply in Wauwatosa
Your property is subject to ALL of these regulatory layers. Each one can impose additional requirements beyond the others.
Federal
- FEMA Flood Zones: Applicable
- View FEMA Flood Map
State — Wisconsin
- Building Code: WI Uniform Dwelling Code (SPS 320-325) / Commercial Building Code (SPS 361-366)
County — Milwaukee County
- Role: County-level property records, tax assessment, unincorporated area planning
City / Municipal
The city's zoning ordinance, building codes, and local permits form the primary layer of land-use regulation for your property.
Overlay Districts
No overlay districts identified.
Private Restrictions
- HOA / CC&Rs common: Yes
- Check HOA CC&Rs and deed restrictions for additional requirements.
Primary Zoning Districts
- Min Lot
- 7,200 sq ft
- Max Height
- 35 ft
- Front Setback
- 25 ft
- Side Setback
- 6 ft
- Rear Setback
- 25 ft
- Min Lot
- 5,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 20 ft
- Side Setback
- 5 ft
- Rear Setback
- 20 ft
- Min Lot
- 6,000 sq ft
- Max Height
- 35 ft
- Front Setback
- 20 ft
- Side Setback
- 6 ft
- Rear Setback
- 20 ft
- Min Lot
- Varies
- Max Height
- 45 ft
- Front Setback
- 20 ft
- Side Setback
- 5 ft
- Rear Setback
- 15 ft
- Min Lot
- Varies
- Max Height
- 45 ft
- Front Setback
- 10 ft
- Side Setback
- 0-10 ft
- Rear Setback
- 10 ft
- Min Lot
- Varies
- Max Height
- 50 ft
- Front Setback
- 25 ft
- Side Setback
- 10 ft
- Rear Setback
- 20 ft
ADU Rules in Wauwatosa
Permit Costs & Timelines
Permit Costs & Timelines
Specific permit fee schedules for Wauwatosa are available from the local planning department. Fees vary based on project type, scope, and valuation.
Check Wauwatosa permit fees →